Despite the recent criticisms in the press and in Parliament, the guidance does not seek to discourage employers from using zero hours contracts in suitable cases such as where work demands are irregular or where there is not a constant demand for staff. Inappropriate use includes where zero hours contracts are used as a permanent arrangement where it is not justifiable. The guide makes it clear that employees working under a zero hours contract still enjoy full employment law rights and should be treated fairly and within the law.

Exclusivity clauses

The guidance explains that under The Small Business, Enterprise and Employment Act 2015 employers are prohibited from inserting exclusivity clauses or terms in any zero hours contract. This means an employer cannot stop an individual from looking for work or accepting work from another employer.

The aim of the General Data Protection Regulation (GDPR) is to harmonise data protection laws across the EU and to deal with significant advances in information technology and approaches to information sharing.
This Briefing Note focuses on the GDPR from an employer’s perspective but many companies and other organisations will have other obligations under GDPR as well.

In this case a dismissal of an employee for inaction, or gross negligence, was found to be for gross misconduct.

Posted 2nd March 2017

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